Concerns mount over delayed naming of Tanzania rights and good governance commission

Dar es Salaam. Concern is mounting over the apparent dragging of feet in naming of members of the Commission for Human Rights and Good Governance (CHRAGG), an issue that has remained unresolved since November 2017.

The board, right from the chairman and other commissioners remains vacant, with uncertainty over when it will finally be constituted.

Activists want President John Magufuli to immediately appoint the board, saying continued delay sends the wrong message on the country’s commitment.

They say working without the ombudsman could have serious repercussions to the rule of law and respect of basic rights. The last board chaired by retired judge Bahame Tom Nyanduga left office in November 2017.

The Commission’s secretariat invited public comments on candidates it had shortlisted for interviewing in May but there has been no word since then.

Lack of the body could also paint Tanzania negatively, as the Universal Periodic Review (UPR) on the human rights record of all UN Member States is around the corner.

“Relevant authorities must recognise the role of this commission and find a way to get it working,” appealed the Legal and Human Rights Centre (LHRC) executive director Anna Henga. “It is for the collective public good that they do,” she said.

Asked on the status of the process, CHRAGG acting executive secretary, Mr Alexander Hassan, said that he was not in a position to comment, directing The Citizen to the deputy Attorney General who acts as the secretary in the nominations committee. Other members include the Chief Justice (who acts as the chairperson), the Speaker of the National Assembly, the Chief Justice of Zanzibar and the Speaker of the House of Representatives. The chairman recommends suitable names to the president for appointment.

Mr Hassan was reluctant to explain whether or not the secretriat had been impacted for not having a board. Efforts to get comments from the CJ or AG proved futile.

However, sources close to the process told The Citizen that already the committee’s recommendations have been submitted to the State House where a decision was awaited. Efforts to get comment from the Director of Presidential communications, Mr Gerson Msigwa also proved futile.

Established under Article 129(1) of the Constitution as the national focal point for the promotion and protection of human rights, the CHRAGG covers a wide range of functions. The commission became operational on July 1, 2001, after the enactment of the Commission of the Human Rights and Good Governance Act, 2001.

It receives, investigates complaints, conduct research as well as monitor and enquire into violations of human rights and contravention of the principles of administrative justice. It also monitors compliance with the government’s obligations under ratified treaties and instruments, assisting it in fulfilling its reporting obligations under them.

According to the law, the President appoints the chairperson and the vice chairman and commissioners. The President also appoints the commission’s Executive Secretary.

LHRC’s Henga said it was disturbing for the country not taking the issue seriously.

“My intuition is that the issues of human rights are treated as a by-the-way, a second class issues that doesnt require immediacy,” said Ms Henga, the recipient of the 2019 International Women of Courage Award from US. “This is the commission that monitors the country’s adherence to the Bill of Rights, it must be treated seriously,” added Ms Henga.

The activists’ call comes against a backdrop of serious concern for the respect of peoples civic and political freedoms in the country, intensified by blatant and frequent police interference in political activities, unexplained disappearances, abductions and lately, the leaks of telephone conversation of alleged senior politicians that analysts have described as a “grave violation” of privacy.

Public Service and Good Governance Shadow Minister Ruth Mollel (Chadema) said people should raise their voice in demanding action.

from the authoriteis. It places their most treasured and constitutional rights at jeopardy. This is not a matter of government’s discretion, it’s a constitutional issue that the people in power must adhere to.”

Ms Mollel demanded President Magufuli appoints the commissioners as soon as possible so that the commission can investigate the reported human rights violations in the country.

Tanzania Human Rights Defenders Coalition (THRDC) national coordinator, Mr Onesmo Ole Ngurumwa, who took part in the initial process of screening the names shortlisted for the vacant positions at the commission told The Citizen that he was hopeful that the process won’t take long to finish.

“I hope that [the process] will be completed within this year. It’s important that the relevant authorities quicken the process. As human rights defenders, we encounter serious difficulties in undertaking our activities if there are no commissioners at the commission,” said Mr Ole Ngurumwa.